The Rajasthan Municipalities (Transitory Provisions) Order, 1959

Order No. 1 of 1959

RJ690

[Notification No. F 4(34) LSG/A/59, dated 15-10-59, published in Rajasthan Gazette, Extra ordinary, Part IV-C, dated 17-10-1959]

LEGISLATIVE HISTORY 6

(1) This Order may be called the Rajasthan Municipalities (Transitory Provisions) Order, 1959.

(2) It shall come into force at once.

In this Order, unless the subject or context otherwise requires:-

(1) "Act" means the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959), and

(2) "Appointed date" means the date appointed under sub-section (3) of Section 1 of the Act for the coming into force thereof.

As from the appointed date,-

(a) The Municipalities of Ajmer, Alwar, Beawar, Bikaner, Jaipur. Jodhpur, Kota and Udaipur shall be deemed to be cities for the purposes of the Act,

(b) The Municipal Boards or other Municipal authorities established in such cities under any of the laws or enactments repealed by Section 2 of the Act shall be deemed to have been established and to be designated as Municipal Councils.

(c) The Chairman, Vice-Chairman and Members of the said Municipal Boards of Municipal authorities shall be deemed to be designated respectively as President, Vice-Presidents and Councillors of the said Municipal Council.

(d) The Executive Officer [or Secretary] of such Boards or authorities shall be deemed to be designated as Commissioners for the Municipal Councils so designated, and

(e) All other obligatory requirements under the Act for the establishment of Municipal Councils in such cities shall be deemed to have been duly fulfilled.

(1) Notwithstanding anything contained in Sections 9 and 10 of the Act, all Municipal Boards or other Municipal authorities as constituted and existing on the appointed date shall, till the expiry of their term of office in accordance with law, be deemed to have been properly established and constituted for the purposes of the Act and the Municipal Government of the Municipalities for which they had been so established and constituted shall continue to vest in such Boards or authorities.

(2) In a Municipality in which no property constituted Municipal Board or other Municipal authority is in existence on the appointed date and the Municipal Government thereof has been entrusted to and is being carried on by an Administrator in accordance with law, such Administrator shall continue to carry out the provisions of the Act until a Municipal Board or a Municipal Council, as the case may be, is properly constituted for such Municipality in accordance with the provisions of the Act [any thing to contrary contained in such provisions notwithstanding.]

The Rajasthan Municipalities (Transitory Provisions) Second Order, 1959

Order No. 2 of 1959

[Notification No. F. 4(34) LSG/A/59, dated 17-10-1959, published in Rajasthan Gazette, Extraordinary, Part IV-C, dated 24 10-1959]

(1) This Order may be called the Rajasthan Municipalities (Transitory Provisions) Second Order, 1959.
In this Order unless the subject or context otherwise requires:-

(a) "Act" means the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959);

(b) "Appointed Date" means the date appointed under sub-section (3) of Section 1 of the Act for the coming into force thereof;

(c) "Municipal Authority" means Municipal Board Corporation, Council or any other Municipal authority by whatever name designated established under any repealed law or required to be established under the Act; and

(d) "Repealed law" means any of the laws and enactments repealed by section 2 of the Act.

In cases in which elections to a Municipal authority established under and governed by any repealed law have been held, but such Municipal authority has not been completely formed or begun to function before the appointed date, then, notwithstanding anything to the contrary contained in the repealed law or in the Act.-

(i) the number of members fixed for such Municipal authority under the repealed law shall be deemed to be the number of seats fixed by such authority under sub-section (1) of section 9 of the Act;

(ii) the elections to those seats held under the repealed law shall be deemed to have been held under and in accordance with the provisions of the Act;

(iii) where the number of members fixed under the repealed law for the Municipal authority were expressed to be returned wholely by election and the repealed law did not require any members to be nominated or co-opted, the persons elected as aforesaid shall enter upon their duties forthwith;

(iv) where any repealed law or any order thereunder fixing the number of members of a Municipal authority contained a provision for the nomination or co-option of some members, the number of seats to be filled up by nomination or co-option may be filled after the ap pointed date by co-option of one person belonging to the scheduled castes or scheduled tribes and 2 persons belonging to the female sex if no such person has been returned by election or one such person if only one such person has been returned and the members elected as aforesaid shall forthwith enter upon their duties, for the purpose of such co-option in accordance with [X X X] [the procedure laid down in the Rajasthan Municipalities (Appointment of Members or Councillors by Co-option) Order, 1959] and [in case the total number of members after such co-option is grater or less than the number of members fixed for such Municipal authority under the repealed law [such number] [X X X] shall be deemed to be increased or decreased accordingly, notwithstanding anything contained in sub-clause (1) of clause (3);]

(v) in either of the cases covered by sub-clauses (iii) and (iv) of this clause, the provisions contained in sub-section (2), (3), and (5) of section 9 of the Act shall, for the purpose of the complete formation of the Municipal authority concerned, be deemed to be omitted.

Notwithstanding anything contained in sub-section (4) of section 297 of the Act, the first rules made under this Act by the State Government shall have the force of law immediately upon their publication in the Official Gazette.

[5. This Order shall remain in force upto 31st March, 1960].

The Rajasthan Municipalities (Transitory Provisions) Third Order, 1959

Order No. 3 of 1959

[Notification No. D. 15087/F 5(175) LSG/A/59, dated 30-12-1959, Published in Rajasthan Gazette, Part IV-C, dated 30-12-1959]

(1) This Order may be called the Rajasthan Municipalities (Transitory Provisions) Third Order, 1959.

(2) It shall come into force at once.

With respect to the charge of the tax mentioned in clause (1) of Section 104 of the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959), (hereinafter referred to as the Act) by the Municipal Council of Beawar for the quarter commencing on the 1st day of January, 1960, at the rate at which it was being levied immediately before the commencement of the Act, the Secretary, Municipal Council, Beawar. shall be deemed to be the "Assessor" appointed for the purpose of sub-section (1) of Section 114 of the Act, and if he, as such, adopts for the first quarter of the year 1960, the valuation and assessment contained in the assessment list of the Beawar Municipality of the year 1959 with or without any alterations, the provisions of Section 116, 117 and 118 of the Act shall not apply to such adoption as required by sub-section (2) of Section 119 of the Act.

The Rajasthan Municipalities (Transitory Provisions) Order, 1960

Order No. 2 of 1960

[Notification No. F. 4(34) LSG/A/59, dated 22-1-1960, Published in Rajasthan Gazette, Part IV-C, dated 18-2-1960]

(1) This Order may be called the Rajasthan Municipalities (Transitory Provisions) Order, 1960.

(2) It shall come into force at once.

For the purpose of facilitating the transition from the provisions of the laws repealed by Section 2 of the Rajasthan Municipalities Act, 1959 to the provisions of said Act, the State Government hereby directs that the aforesaid Act shall have effect subject to the following modification, namely: -

In clause (viii) of Section 26 of the said Act, the words "or Part-time" shall be deemed to be omitted till the constitution of the first Municipal Board or Municipal Council, as the case may be, under the said Act.

The Rajasthan Municipalities (Transitory Provisions) Order, 1960

Order No. 3 of 1960

[Notification No. F. 4(34) LSG/A/59, dated 22-1-1960, Published in Rajasthan Gazette, Part IV-C, dated 18-2-1960]

(1) This Order may be called the Rajasthan Municipalities (Transitory Provisions) Order, 1960.

(2) It shall come into force upon its publication in the Official Gazette and shall remain in force for a period of one year from such date.

In this Order, unless the subject or context otherwise requires, the expression "the Act" means the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959).
For the purpose of facilitating the constitution of the first Municipal Boards and the first Municipal Councils in accordance with the provisions of the Act, it is hereby directed that the Act shall have effect subject to the following modification, namely:-

In the proviso to sub-section (1) of Section 11 of the Act, for the words "one year" the words "two years" the expiry of the term of any board or council notwithstanding shall be substituted.

The Rajasthan Municipalities (Transitory Provisions) Order, 1960

Order No. 6 of 1960

[Notification No. D. 13666/F. 5 (176) LSG/A/59, dated 2-1-1961, Published in Rajasthan Gazette Part IV-C, dated 19-1-1961]

(1) This Order may be called the Rajasthan Municipalities (Transitory Provisions) Order, 1960.

(2) It shall come into force at once.

In this Order, unless the subject or context otherwise requires,-

(1) "Act" means the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959);

(2) "Appointed date" means the date appointed under sub-section (3) of Section 1 of the Act for the coming into force of the Act.

For the purpose of facilitating the transition from the provisions of the Ajmer Merwara Municipalities Regulation, 1925, repealed by Section 2 of the Act, to those of the Act, it is hereby directed that as from the appointed date, the Act shall have effect subject to the following modification namely:-

"In Section 150 of the Act, in its application to the Ajmer Municipality sub-section (2) shall stand omitted".

This Order shall remain in force for a period of [three years]from the date of its publication in the Official Gazette.

The Rajasthan Municipalities (Transitory Provisions) Order, 1961

Order No. 1 of 1961

[Notification No. F. 8(32) LSG/61, dated 10-3-1961, Published in Rajasthan Gazette, Part IV-C, dated 10-3-1961]

(1) This Order may be called the Rajasthan Municipalities (Transitory Provisions) Order, 1961.

(2) It shall come into force upon its publication in the Official Gazette.

(3) It shall remain in force for a period of six months from the date of publication in the Official Gazette.

In this Order, unless the subject or context otherwise requires,-

(1) "Act" means the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959);

(2) "Repealed law" means any of the laws and enactments repealed by Section 2 of the Act.

Where prior to the constitution of the first board under the Act, any seat of a member of a Municipal Board nominated under a repealed law falls vacant by reason of death, resignation or removal, the vacancy so occurring shall be filled by co-option in accordance with the rules made under the Act, of one person belonging to the scheduled castes or the scheduled tribes if the vacancy Is in respect of a nominated member belonging to such castes or tribes or one person belonging to female sex if the vacancy is in respect of a nominated member belonging to such sex.

The Rajasthan Municipalities (Transitory Provisions) Order, 1962

Order No. 1 of 1962

[Notification No. F. 5(176) LSG/A/59, dated 7-2-1962, Published in Rajasthan Gazette, Part IV-C, dated 12-2-1962]

Short title and commencement.- (1) This Order may be called the Rajasthan Municipalities (Transitory Provisions) Order, 1962.

(2) It shall come into force at once.

Definitions.- In this Order, unless the subject or context otherwise requires,-

(1) "Act" means the Rajasthan Municipalities Act, 1959 (Act No. 38 of 1959);

(2) "Appointed date" means the date appointed under sub-section (3) of section 1 of the Act for the coming into force of the Act,

Modification of Section 160 of the Act.- For the purpose of facilitating the transition from the provisions of the Ajmer Merwara Municipalities Regulation, 1925, repealed by Section 2 of the Act, to those of the Act, it is hereby directed that as from the appointed date the Act shall have effect subject to the following modification, namely:-

"In Section 160 of the Act in its application to the Ajmer Municipality, the proviso thereof shall stand omitted."